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14-958 - McGlosson v. Warden, Chillicothe Correctional Institution


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14-958 - McGlosson v. Warden, Chillicothe Correctional Institution
January 13, 2016
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REPORT AND RECOMMENDATIONS The Petition is barred by the statute of limitations and should be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 2/1/2016. Signed by Magistrate Judge Michael R. Merz on 1/13/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 22, 2016
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - The Magistrate Judge again concludes the Petition herein is barred by the statute of limitations and respectfully recommends that the Petition be dismissed with prejudice on that basis. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 3/10/2016. Signed by Magistrate Judge Michael R. Merz on 2/22/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)